Raghavan Nair v. The Asst. Commissioner of Income-tax, Circle-2(1), Thrissur / Deputy Chief Engineer (Constructions)
[Citation -2019-LL-0829-31]

Citation 2019-LL-0829-31
Appellant Name Raghavan Nair
Respondent Name The Asst. Commissioner of Income-tax, Circle-2(1), Thrissur / Deputy Chief Engineer (Constructions)
Court HIGH COURT OF KERALA AT ERNAKULAM
Relevant Act Income-tax
Date of Order 29/08/2019
Judgment View Judgment
Keyword Tags tax deducted at source • grant of refund
Bot Summary: Jose Joseph, the learned counsel for the first respondent and Smt. Maria Elizabeth Wilson for Sri. The petitioner prays for the following reliefs:- To direct the 1st respondent to grant credit for the tax deducted at source while making payments to the petitioner herein as evidenced by Exts.P1 and P1(o) by the issue writ of mandamus or such other writ or order or direction. To direct the 1st respondent to pass orders on exhibits P4 and P5 applications as expeditiously as possible by the issue of a writ of mandamus or such other writ or order or direction. Jose Joseph, appearing for the first respondent referring to written instructions dated 18.07.2019 states that the first respondent has re- examined the issue, a decision taken for granting refund of Rs. 1,85,950/- and now steps are taken to transfer the amount to the credit of petitioner's bank account. No.5551 OF 2019(T) 3 According to him, the grievance is substantially redressed by the first respondent himself. Smt. Krishna K. requests the Court to place the statement on record and dispose of the writ petition. The writ petition is disposed of by accepting the statement made on behalf of the first respondent, The petitioner, if does not get the relief within eight weeks from today, the petitioner is given liberty to file an application for recalling the instant judgment.


IN HIGH COURT OF KERALA AT ERNAKULAM PRESENT HONOURABLE MR.JUSTICE S.V.BHATTI THURSDAY, 29TH DAY OF AUGUST 2019 / 7TH BHADRA, 1941 WP(C).No.5551 OF 2019(T) PETITIONER: RAGHAVAN NAIR 'GOKULAM', VIJAYALAKSHMI MANDIRAM, KANNAMKULAM TEMPLE ROAD, CHALAKUDY EAST, CHALAKUDY P.O., THRISSUR DISTRICT - 680 307. BY ADVS. SRI.HARISANKAR V. MENON SMT.MEERA V.MENON SMT.K.KRISHNA RESPONDENTS: 1 ASST.COMMISSIONER OF INCOME TAX, CIRCLE - 2 (1), AAYAKAR BHAVAN, SAKTHAN THAMPURAN NAGAR, THRISSUR - 680 001. 2 DEPUTY CHIEF ENGINEER (CONSTRUCTIONS) SOUTHERN RAILWAY, SALEM - 636 005. R1 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX R2 BY SRI.S.ANANTHAKRISHNAN, SC, RAILWAYS SMT MARIA ELIZABETH WILSON FOR SRI.S.ANANTHANKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2019, COURT ON SAME DAY DELIVERED FOLLOWING: WP(C).No.5551 OF 2019(T) 2 JUDGMENT Heard Smt. Krishna K., learned counsel for petitioner, Sri. Jose Joseph, learned counsel for first respondent and Smt. Maria Elizabeth Wilson for Sri. S. Ananthakrishnan, learned Standing Counsel for second respondent. 2. petitioner prays for following reliefs:- "(i) To direct 1st respondent to grant credit for tax deducted at source while making payments to petitioner herein as evidenced by Exts.P1 and P1(o) by issue writ of mandamus or such other writ or order or direction. (ii) To direct 1st respondent to pass orders on exhibits P4 and P5 applications as expeditiously as possible by issue of writ of mandamus or such other writ or order or direction. (iii) To grant petitioner such other incidental reliefs including costs of these proceedings." 3. Adv. Sri. Jose Joseph, appearing for first respondent referring to written instructions dated 18.07.2019 states that first respondent has re- examined issue, decision taken for granting refund of Rs. 1,85,950/- and now steps are taken to transfer amount to credit of petitioner's bank account. WP(C).No.5551 OF 2019(T) 3 According to him, grievance is substantially redressed by first respondent himself. Therefore, cause does not survive. 4. Adv. Smt. Krishna K. requests Court to place statement on record and dispose of writ petition. writ petition is disposed of by accepting statement made on behalf of first respondent, petitioner, if does not get relief within eight weeks from today, petitioner is given liberty to file application for recalling instant judgment. sd/- S.V.BHATTI JUDGE DCS WP(C).No.5551 OF 2019(T) 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 01-06-2006. EXHIBIT P1 COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 19-10-2006. EXHIBIT P1 B COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 15-12-2006 EXHIBIT P1 C COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 08-12-2006. EXHIBIT P1 D COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 28-12-2006 EXHIBIT P1 E COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 23-02-2007 EXHIBIT P1 F COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 10-04-2007 EXHIBIT P1 G COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 30-04-2007 EXHIBIT P1 H COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT EXHIBIT P1 I COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 20-03-2007 EXHIBIT P1 J COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT EXHIBIT P1 K COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 08-05-2006 EXHIBIT P1 L COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT EXHIBIT P1 M COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 01-03-2007 EXHIBIT P1 N COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 21-04-2006 EXHIBIT P1 O COPY OF CERTIFICATE IN FORM 16A ISSUED BY 2ND RESPONDENT DATED 31-05-2007 WP(C).No.5551 OF 2019(T) 5 EXHIBIT P2 COPY OF RETURN FILED BY PETITIONER FOR YEAR 2007-08 DATED 02-11-2007 EXHIBIT P3 COPY OF ORDER ISSUED BY 1ST RESPONDENT DATED 24-03-2009 EXHIBIT P4 COPY OF APPLICATION FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 28-05-2009 EXHIBIT P5 COPY OF REMINDER FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 27-11-2018 EXHIBIT P6 COPY ORDER ISSUED BY DY. COMMISSIONER OF INCOME-TAX,THRISSUR DATED 07-01-2019. Raghavan Nair v. Asst. Commissioner of Income-tax, Circle-2(1), Thrissur / Deputy Chief Engineer (Constructions)
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